Perth Cold Case Trial: Accused Whispered 'Die' During Violent Home Invasion
A chilling account has emerged in a Perth courtroom as a woman described how an intruder allegedly whispered the word 'die' each time he struck her head with a plank of wood during a violent home invasion fourteen years ago.
Victim's Harrowing Testimony in Supreme Court
Hannah Davies gave evidence on Monday at the cold case trial of Brett Gavin Brian Penny, a 62-year-old man accused of attempting to murder her in May 2011. Ms Davies, who was 25 at the time, told the Supreme Court jury that the attack occurred while she was watching television in her Balga home.
She recounted how a man armed with a wooden plank entered through an unlocked sliding door, 'barged in' and straddled her on the couch before beginning to strike her head repeatedly. 'It happened so quickly my feet were still on the coffee table,' Ms Davies testified.
Most disturbingly, she described hearing the assailant utter the word 'die' in a 'quiet but frustrated' tone with each blow. 'Every time he hit me he spoke the word 'die' and I heard it three times,' she said. 'Just angry. I don't remember physically feeling anything I was just scared.'
Forensic Evidence Links Accused to Crime Scene
State Prosecutor Paul Usher outlined the forensic case against Mr Penny, who has pleaded not guilty to charges of burglary and attempted murder. The court heard that the home's owner, Robert Harwood, intervened during the attack, pulling the intruder off Ms Davies and pushing him out of the unit.
Ms Davies required seven stitches to her temple following the assault and sustained additional injuries including a head cut, haemorrhage under her left eye, and tenderness to a little finger.
Mr Usher detailed how the case remained unsolved until 2023 when forensic evidence was re-examined. The prosecution alleges that a palm print found on the back fence matched Mr Penny, and his DNA was allegedly detected on multiple items:
- The 43cm wooden plank used in the attack
- Mr Harwood's t-shirt
- A swab taken from Ms Davies' left hand
'The state's case is that he intentionally and deliberately struck her... with the intention of killing her,' Mr Usher told the jury, asserting that the forensic evidence placed Mr Penny at the Balga residence that night.
Defence Challenges Forensic Evidence
Defence barrister David Robinson cautioned jurors about potential limitations in the forensic evidence, suggesting it might create a 'level of seduction' in favour of the prosecution's allegations.
'You might think it doesn't look terribly good for Mr Penny,' Mr Robinson acknowledged. 'Our case will ultimately be that it does not conclusively establish that Mr Penny was responsible for the charges on the indictment before you.'
The defence indicated they would challenge whether the DNA and fingerprint evidence definitively proves Mr Penny's involvement in the alleged crimes.
Trial Continues in Perth Supreme Court
The cold case trial continues in the Supreme Court of Western Australia, revisiting a violent crime that remained unsolved for over a decade before forensic advancements led to renewed investigation and charges.
